Employers liability, Vicarious liability, and Product liability

Question 1

What do employers have a common law duty to take reasonable steps to provide?

Answer 1

1) Competent staff
2) Adequate material
3) Proper system of work + supervisor
4) Safe place of work

Question 2

What did employers liability act 1969 establish ?

Answer 2

With defective equipment employees can sue employer instead of identifying manufacturer

Question 3

What is vicarious liability?

Answer 3

Liability for torts committed by another person. Employer is liable in addition to employee not instead of.

Question 4

What are the three requirements for vicarious liability?

Answer 4

1) Worker must be employee
2) Must have committed tort
3) Act must be in the course of employment

Question 5

Under the narrow rule what are the circumstances in which manufacturer would owe a duty of care to a customer?

Answer 5

1) D is a manufacturer
2) Item causing damage is a product
3) C is a consumer
4) Reached C in same form it left D

Question 6

Under what circumstances can someone sue under Consumer protections act 1987 ?

Answer 6

1) They have suffered damage (property over £275 - not business)
2) Caused by
3) A defect
4) In a product

Question 7

Who is potentially liable under the CPA 1987?

Answer 7

Producer of a product, brand owner, importer, forgetful supplier.

Question 8

what are the potential defences under CPA?

Answer 8

1) Defect attributed to compliance with legal requirements.
2) D did not supply product to another.
3) D supplied product outside course of business
4) Defect didn’t exist when supplied
5) Development risks (drugs)
6) Cont Neg